I am currently facing Class C felony-level criminal charges for a nonviolent, internet-related sex offense. Very soon, I expect that I will be accepting a plea agreement to six months of jail time on these charges, with further time served on probation.
My name is on a lease for a property with three other people. I was not facing felony charges when the lease was signed. That lease stipulates that "If you [lessee] are convicted of a crime or we find evidence of illegal drugs during any inspection or work request while in your home, your lease may be terminated by lessor." I have provided adequate funds to pay for my rent throughout my incarceration, but I am concerned that I may be evicted when I am released from jail (or even while I am incarcerated!) on the basis of this felony. Based on that lease, is it possible that I may face eviction because of a new felony? Would my landlord have to prove that I am a danger to the community in some way to have legal grounds for lease termination? If I am released on probation and placed on a sex offender registry, would my landlord be notified, or could I potentially keep it unreported so long as I continue paying my rent?
You face eviction if you are "Convicted" not if you are charged. Further, the landlord is given an option and does not have to terminate the lease, only has the authority to do so. Face it, however, if you are convicted of a felony you will likely have another place to stay for quite awhile depending on the felony.
Talk to the lawyer who is representing you in the felony.
If you have been charged and not convicted then it is unlikely the landlord can terminate the lease (but read your lease to see what it says). If you are facing a sex crime you need an attorney immediately. Having a rental will be the least of your worries. Contact a local TN criminal defense attorney right away.
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